§ 117.05 PETITIONS AND HEARING.

(A) Petitions. Upon receipt of a petition by a landlord, based on the documentation provided pursuant to § 117.06 below, the rent of individual controlled rental units may be adjusted upward above the maximum allowable under § 117.04 in accordance with the procedures set forth in this section. The petition shall be on the form provided by the city and shall include a declaration by the landlord that the unit meets all requirements of this chapter, § 117.06, and is in compliance with all state laws on rent control.

(B) Hearing procedure. The city shall enact rules and regulations governing hearings and appeals of individual adjustment of ceilings on allowable rents. No hearings may be held for landlord/tenant disputes. That includes but is not limited to, disputes about habitability, disputes about whether there was a payment of rent, disputes regarding whether the tenant has violated his or her lease and any other disputes that do not directly involve the provisions of this chapter. Notwithstanding any other provisions of this chapter, no hearing shall occur and/or grant of rent ceiling adjustment if an individual hearing has been held and decision made with regard to the maximum rent within the previous 12 months.

(C) Hearing officer. A hearing officer may be the CEO or his or her designee. The hearing officer shall conduct a hearing to act upon the petition for individual adjustment of ceilings on allowable rents and shall have the power to administer oaths and affirmations.

(D) Notice. The city shall notify the tenant of the receipt of such a petition and provide a copy thereof.

(E) Time of hearing. The hearing officer shall notify all parties, as to the time, date and place of the hearing, which shall occur within sufficient time to meet the time for final decision in division (N) below.

(F) Records. The hearing officer may require either party to a rent adjustment hearing to provide it with any books, records and papers deemed pertinent in addition to that information contained in registration statements. The hearing officer shall conduct a current building inspection and/or request the city to conduct a current building inspection if

the hearing officer finds good cause to believe the city's current information does not reflect the current condition of the controlled rental unit. The tenant may request the hearing officer to order such an inspection prior to the date of the hearing. All documents required under this section shall be made available to the parties involved prior to the hearing at the office of the city. In cases where information filed in a petition for rent ceiling adjustment or in additional submissions filed at the request of the hearing officer is inadequate or false, no action shall be taken on said petition until the deficiency is remedied.

(G) Open hearings. All rent ceiling adjustment hearings shall be open to the public.

(H) Right of assistance. All parties to a hearing may have assistance in presenting evidence and developing their position from attorneys, legal workers, recognized tenant organization representatives or any other persons designated by said parties.

(I) Hearing record. The city shall make available for inspection and copying by any person an official record which shall constitute the exclusive record for decision on the issues at the hearing. The record of the hearing, or any part of one, shall be obtainable for the cost of copying. The record of the hearing shall include: all exhibits, papers and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted in the proceedings; a statement of all materials officially noticed; all recommended decisions, orders and/or rulings; all final decisions, orders and/or rulings; and the reasons for each final decision, order and/or ruling. Any party may have the proceeding tape recorded or otherwise transcribed at his or her own expense.

(J) Quantum of proof and notice of decision. No individual adjustment shall be granted unless supported by the preponderance of the evidence submitted at the hearing. All parties to a hearing shall be sent a notice of the decision and a copy of the findings of fact and law upon which said decision is based. At the same time, parties to the proceeding shall also be notified of their right to any appeal allowed by the city and/or to judicial review of the decision pursuant to this section.

(K) Consolidation. All landlord petitions pertaining to tenants in the same building will be consolidated for hearing, and all petitions filed by tenants occupying the same building shall be consolidated for hearing unless there is a showing of good cause not to consolidate such petitions.

(L) Appeal. Any person aggrieved by the decision of the hearing officer may appeal to the City Council. The aggrieved party shall file the request for an appeal with the City Clerk within ten days following the decision by the hearing officer. On appeal, the City Council shall affirm, reverse or modify the decision of the hearing officer. The City Council may conduct a de novo hearing or may act on the basis of the record before the hearing officer without holding a hearing.

(M) Finality of decision. The decision of the hearing officer or his or her designee shall be the final decision of the city in the event of no appeal to the City Council. The decision of the hearing officer or his or her designee shall not be stayed pending appeal; however, in the event that the City Council on appeal reverses or modifies the decision of the hearing officer, the tenant, in the case of an upward adjustment in rent, shall be ordered to make retroactive payments to restore the parties to the position they would have occupied had the hearing officer's decision been the same as that of the hearing officer or his designee.

stayed pending appeal; however, in the event that the City Council on appeal reverses or modifies the decision of the hearing officer, the tenant, in the case of an upward adjustment in rent, shall be ordered to make retroactive payments to restore the parties to the position they would have occupied had the hearing officer's decision been the same as that of the hearing officer or his designee.

(N) Time for decision. The rules and regulations adopted by the city shall provide for final action on any individual rent adjustment petition within 120 days, following the date of filing of the individual rent adjustment petition.

(O) Hearing officer hearing required. All hearings on an individual petition for rent adjustment must first be heard by a hearing officer.

(Ord. 1447, passed 10-21-20; Am. Ord. 1501, passed 4-5-23; Am. Ord. 1522, passed 12-17-25)